Amended in Assembly June 17, 2014

Amended in Senate May 7, 2014

Senate BillNo. 1298


Introduced by Senator Hernandez

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(Coauthor: Assembly Member Chau)

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February 21, 2014


An act tobegin delete amend Section 149.7 of, and toend delete repeal and add Section 149.9begin delete of,end deletebegin insert ofend insert the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 1298, as amended, Hernandez. High-occupancy toll lanes.

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(1) Existing law authorizes a regional transportation agency, in cooperation with the Department of Transportation, to apply to the California Transportation Commission to develop and operate high-occupancy toll (HOT) lanes, including administration and operation of a value-pricing program and exclusive or preferential lane facilities for public transit.

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Existing law requires the commission to conduct at least one public hearing in northern California and one in southern California for each application and limits the number of approved facilities to not more than 4, 2 in northern California and 2 in southern California. Existing law provides that no applications may be approved on or after January 1, 2012.

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This bill would remove the limitations on the number of HOT lanes and would delete the January 1, 2012, deadline for HOT lane applications. The bill would provide that each application is subject to the review and approval of the commission, and would require that resources necessary in that regard be included in the Governor’s proposed annual budget.

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(2) Existing

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begin insertExistingend insert law, until January 15, 2015, specifically authorizes a value-pricing and transit development demonstration program involvingbegin delete HOTend deletebegin insert high-occupancy toll (HOT)end insert lanes to be conducted, administered, developed, and operated on State Highway Routes 10 and 110 in the County of Los Angeles by the Los Angeles County Metropolitan Transportation Authority (LACMTA) under certain conditions.

This bill would enact new provisions revising and recasting these provisions and would repeal the existing provisions, thereby extending the program indefinitely. The bill would specify additional requirements for agreements between LACMTA, the Department of Transportation, and the Department of the California Highway Patrol that identify the respective obligations and liabilities of each party relating to thebegin delete program. The bill would require LACMTA, with the assistance of the department, to establish appropriate traffic flow guidelines for the purpose of ensuring the optimal use of the HOT lanes by high-occupancy vehicles.end deletebegin insert program and clear and concise procedures for law enforcement.end insert

The bill would delete the requirement that LACMTA may not change the vehicle occupancy requirement for access to the high-occupancy vehicle lanes in the identifiedbegin delete corridors and would authorize LACMTA to define the hours of operation of the HOT lanes.end deletebegin insert corridors.end insert The bill wouldbegin delete include, within the reimbursable costsend deletebegin insert require reimbursementend insert of state agencies from tollbegin delete revenues,end deletebegin insert revenue of the cost incurred in the implementation of the program andend insert the maintenance of state highway facilities in connection with thebegin delete demonstration program.end deletebegin insert program and authorize remaining revenue to be used for improvements to the transportation corridor from which the revenue was generated.end insert

The bill would require LACMTA and the Department of Transportation to report to the Legislature by January 31, 2015, on various aspects and effects of thebegin delete demonstrationend delete program.begin insert The bill would also authorize LACMTA to issue bonds pursuant to the Los Angeles County Transportation Commission Revenue Bond Act at any time to finance any costs necessary to implement the program and to finance any expenditures payable from the revenues generated from the program.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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P3    1

SECTION 1.  

Section 149.7 of the Streets and Highways Code is
2amended to read:

3

149.7.  

(a) A regional transportation agency, as defined in
4Section 143, in cooperation with the department, may apply to the
5commission to develop and operate high-occupancy toll lanes,
6including the administration and operation of a value pricing
7program and exclusive or preferential lane facilities for public
8transit, consistent with the established standards, requirements,
9and limitations that apply to those facilities in Sections 149, 149.1,
10149.3, 149.4, 149.5, and 149.6.

11(b)  Each application for the development and operation of the
12facilities described in subdivision (a) shall be subject to review
13and approval by the commission pursuant to eligibility criteria
14established by the commission. For each eligible application, the
15commission shall conduct at least one public hearing in northern
16California and one in southern California.

17(c) The Governor shall include in each proposed annual budget
18the resources necessary for the commission to fulfill the
19requirements of this section.

20 (d) A regional transportation agency that develops or operates
21a facility, or facilities, described in subdivision (a) shall provide
22any information or data requested by the commission or the
23Legislative Analyst. The commission, in cooperation with the
24Legislative Analyst, shall annually prepare a report on the progress
25of the development and operation of a facility authorized under
26this section. The commission may submit this report as a section
27in its annual report to the Legislature required pursuant to Section
2814535 of the Government Code.

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29

begin deleteSEC. 2.end delete
30begin insert SECTION 1.end insert  

Section 149.9 of the Streets and Highways Code
31 is repealed.

32

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33begin insert SEC. 2.end insert  

Section 149.9 is added to the Streets and Highways
34Code
, to read:

35

149.9.  

(a) Notwithstanding Sections 149 and 30800 of this
36code, and Section 21655.5 of the Vehicle Code, the Los Angeles
37County Metropolitan Transportation Authority (LACMTA), may
38conduct, administer, and operate a value-pricing and transit
39developmentbegin delete demonstrationend delete program involving high-occupancy
40toll (HOT) lanes on State Highway Routes 10 and 110 in the
P4    1County of Los Angeles. LACMTA may direct and authorize the
2entry and use of the State Highway Route 10 and 110
3high-occupancy vehicle lanes by single-occupant vehiclesbegin delete during
4peak periods,end delete
begin insert and those vehicles that do not meet minimum
5occupancy requirements,end insert
as defined by LACMTA, for a fee. The
6amount of the fee shall be established by, and collected in a manner
7to be determined by, LACMTA.begin insert LACMTA may continue to require
8high-occupancy vehicles to have an electronic transponder or
9other electronic device for enforcement purposes.end insert

10(b) begin deleteThe end deleteLACMTA shall implement the program in cooperation
11with the department, and with the active participation of the
12Department of the California Highway Patrol, pursuant to an
13agreement that addresses all matters related to design, construction,
14maintenance, and operation of state highway system facilities in
15connection with the program. With thebegin delete assistanceend deletebegin insert consentend insert of the
16department, LACMTA shall establish appropriate performance
17measures, such as speed or travel times, for the purpose of ensuring
18optimal use of the HOT lanes by high-occupancy vehicles without
19adversely affecting other traffic on the state highway system.

20(1) Agreements between LACMTA, the department, and the
21Department of the California Highway Patrol shall identify the
22respective obligations and liabilities of each party to the agreement
23and assign them responsibilities relating to the program.begin insert The
24agreements entered into pursuant to this section shall be consistent
25with agreements between the department and the United States
26Department of Transportation relating to programs of this nature.end insert

27 The agreements entered into pursuant to this section shall include
28clear and concise procedures for enforcement by the Department
29of the California Highway Patrol of laws prohibiting the
30unauthorized use of the HOT lanes. The agreements shall provide
31for reimbursement of state agencies, from revenues generated by
32thebegin delete program, federal funds specifically allocated to LACMTA for
33the program by the federal government,end delete
begin insert programend insert or other funding
34sources that are not otherwise available to state agencies for
35transportation-related projects, for costs incurred in connection
36with the implementation or operation of the program, as well as
37maintenance of state highway system facilities in connection with
38the program. begin delete Reimbursement for LACMTA’s program-related
39planning and administrative costs in the operation of the program
40shall not exceed 3 percent of the revenues.end delete

P5    1(2) All remaining revenue generated by the program shall be
2used in the corridor from which the revenue was generated
3exclusively for preconstruction, construction, and other related
4costs of high-occupancy vehicle facilitiesbegin insert, transportation corridor
5improvements,end insert
and the improvement of transit service in the
6corridor, including, but not limited to, support for transit operations
7pursuant to an expenditure plan adopted bybegin delete theend delete LACMTA.
8begin insert LACMTA’s administrative expenses related to the operation of the
9program shall not exceed 3 percent of the revenues.end insert

10(c) Single-occupant vehiclesbegin insert and those vehicles that do not meet
11minimum occupancy requirementsend insert
that are certified or authorized
12by LACMTA for entry into, and use of, the State Highway Routes
1310 and 110 high-occupancy vehicle lanes are exempt from Section
1421655.5 of the Vehicle Code, and the driver shall not be in violation
15of the Vehicle Code because of that entry and use.

16(d) In implementing the program,begin delete theend delete LACMTA shallbegin delete identifyend delete
17begin insert continue to work withend insert the affected communities in the respective
18corridors andbegin delete work with those communities to identify impacts
19and develop mitigation measures. The LACMTA shall assess the
20impacts of the program on commuters of low income and shall
21provide mitigation to those impacted commuters. Mitigation
22measures may include, but are not limited to,end delete
begin insert provide mitigation
23measures for commuters of low income, includingend insert
reduced toll
24charges and toll credits for transit users. Eligible commuters for
25reduced toll charges or toll credits for transit users shall meet the
26eligibility requirements for assistance programs under Chapter 2
27(commencing with Section 11200) or Chapter 3 (commencing with
28Section 12000) of Part 3 of, Part 5 (commencing with Section
2917000) of, or Chapter 10 (commencing with Section 18900),
30Chapter 10.1 (commencing with Section 18930), or Chapter 10.3
31(commencing with Section 18937) of Part 6 of, Division 9 of the
32Welfare and Institutions Code.

33(e) begin deleteThe end deleteLACMTA and the department shall report to the
34Legislature by January 31, 2015. The report shall include, but not
35be limited to, a summary of thebegin delete demonstrationend delete program, a survey
36of its users, the impact on carpoolers, revenues generated, how
37transit service or alternative modes of transportation were impacted,
38any potential effect on traffic congestion in thebegin delete HOV laneend delete
39begin insert high-occupancy vehicle lanesend insert and in the neighboring lanes, the
40number of toll-paying vehicles that utilized the HOT lanes, any
P6    1potential reductions in the greenhouse gas emissions that are
2attributable to congestion reduction resulting from the HOT lane
3begin delete demonstrationend delete program,begin insert any comments submitted by the
4Department of the California Highway Patrol regarding operation
5of the lanes,end insert
and a description of the mitigation measures on the
6affected communities and commuters inbegin delete this demonstrationend deletebegin insert theend insert
7 program. The report shall be submitted in compliance with Section
89795 of the Government Code. This subdivision shall become
9inoperative on January 31, 2019, pursuant to Section 10231.5 of
10the Government Code.

11(f) Toll paying commuters shall have the option to purchase
12any necessary toll paying equipment, prepay tolls, and renew toll
13payments by cash or by using a credit card.

14(g) This section shall not prevent the department or any local
15agency from constructing facilities that compete with a HOT lane
16begin delete demonstration project, and theend deletebegin insert program, andend insert LACMTA shall not
17be entitled to compensation for adverse effects on toll revenue due
18to those facilities.

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19(h) LACMTA may issue bonds, as set forth in Chapter 5
20(commencing with Section 130500) of Division 12 of the Public
21Utilities Code, at any time to finance any costs necessary to
22implement a value-pricing and transit development program
23established in accordance this section and to finance any
24expenditures payable from the revenues generated from the
25program.

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